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7239 results for 'articles'

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Appeals court puts Indiana Grand horseman’s negligence case out to pasture

June 26, 2020 | Dave Stafford

A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals.

COA rules trial court erred in grandparent visitation case

June 26, 2020 | Marilyn Odendahl

The Indiana Court of Appeals overturned a ruling that had prevented a couple from seeing their grandchild, finding the trial court’s grant of the mother’s petition to dismiss the paternity cause after the grandparents had intervened would likely extinguish their right to visitation.

Divided COA panel finds for woman wrongly told hepatitis test was negative

June 26, 2020 | Dave Stafford

A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated Friday by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.

COA dismisses long-running suit from deaf litigant denied sign interpreter

June 26, 2020 | Dave Stafford

A deaf man’s lawsuit that challenged the denial of a request for a sign language interpreter in a court-ordered family law modest means mediation was dismissed on appeal Friday.

Fort Wayne protesters sue police for ‘violent and inappropriate actions’

June 26, 2020 | Marilyn Odendahl

Protesters claiming Fort Wayne law enforcement fired teargas canisters, flashbang grenades and rubber bullets into peaceful demonstrations filed a lawsuit Friday in federal court seeking to stop the use of chemical agents and projectiles.

Insurer owes no coverage in $50M Elkhart damages ruling, 7th Circuit affirms

June 26, 2020 | Dave Stafford

A federal court ruling in favor of the insurer of a wood processing facility in Elkhart that was the subject of years of environmental litigation brought by neighbors was affirmed Thursday. The 7th Circuit Court of Appeals held Westfield Insurance owed no duty to cover its insured against an environmental damages award of more than $50 million.

Motorcyclist fleeing police dies after crashing into semi

June 26, 2020 | Associated Press

A motorcyclist fleeing police died early Thursday after crashing into the rear of a semitrailer on Interstate 80/94 in northwest Indiana, State Police said.

Indianapolis office manager gets 37-month sentence for embezzlement

June 26, 2020 | Indianapolis Business Journal Staff

An Indianapolis woman who embezzled nearly $540,000 from a company where she worked as controller and office manager for seven years has been sentenced to 37 months in federal prison.

Trump administration urges end to Affordable Care Act as pandemic surges

June 26, 2020 | Associated Press

As coronavirus cases rise in more than half of the states, the Trump administration is urging the Supreme Court to overturn the Affordable Care Act. The administration’s high court filing Thursday came the same day the government reported that close to half a million people who lost their health insurance amid the economic shutdown to slow the spread of COVID-19 have gotten coverage through HealthCare.gov.

7th Circuit: Ineffective attorneys argument in fraud case deserves a hearing

June 25, 2020 | Marilyn Odendahl

After the 7th Circuit Court of Appeals vacated the district court’s denial of his motion to vacate his sentence, an Indiana man will have the chance to present his argument that if he had not followed the advice of his “constitutionally ineffective” lawyers and turned down a plea offer, his sentence would have been significantly less than the 92 months he received. One of the lawyers he accuses is now a magistrate judge.

Opinions June 25, 2020

June 25, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL daily deadline Wednesday.
David L. Day, Jr. v. United States of America
18-2398
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Criminal. Vacates the denial of David Day’s pro se motion for relief from his 92-month sentence under 28 U.S.C § 2255. Rules the U.S. District Court for the Southern District of Indiana erred by denying the motion without an evidentiary hearing to hear Day’s arguments that his private attorneys were constitutionally ineffective for advising him to reject a favorable plea offer. Notes that to have his motion granted, Day will have to show a “reasonable probability” that he would have received a sentence lower than 92 months. Remands for an evidentiary hearing.

Justices to review murder verdict overturned due to lawyer’s lie on jury form

June 25, 2020 | IL Staff

A Vanderburgh County jury’s guilty verdict in a murder case that was overturned on appeal because a lawyer who served as the jury forewoman lied on her jury questionnaire will be reviewed by the Indiana Supreme Court.

Divided appeals court orders dismissal of Michael Flynn prosecution

June 25, 2020 | Associated Press

A divided federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn, turning back efforts by a judge to scrutinize the Justice Department’s extraordinary decision to drop the prosecution.

Judgment of $246K for Carmel landlord upheld in business lease dispute

June 25, 2020 | Dave Stafford

A Carmel landlord was properly awarded damages of nearly $250,000 plus attorney fees in a dispute over unpaid office rent, the Indiana Court of Appeals ruled Thursday. The appellate court found no grounds for disturbing a Hamilton Superior Court’s judgment that discredited the tenant’s argument.

7/31 – Indiana Coalition Against Domestic Violence Satellite Attorney Recruitment & Training Program (virtual)

Program: The United States District Court for the Southern District of Indiana will sponsor a virtual training session for attorneys on modest means/pro bono representation of victims of domestic violence in Indiana. The goal of the training program is to increase attorney awareness and participation in the Indiana Coalition Against Domestic Violence’s (ICADV) Satellite Attorney […]

Judge orders Lawson to produce emails, documents on voting-machine security

June 25, 2020 | John Russell, Indianapolis Business Journal

A Marion Superior judge has ordered Indiana Secretary of State Connie Lawson to produce documents to back up her claim that the public should not see emails and other communications about the reliability and security of voting machines because they could jeopardize cyberterrorism security.

Purdue expels student for racist statements on social media

June 25, 2020 | Associated Press

Purdue University President Mitch Daniels has expelled an undergraduate student for “racist and despicable” statements he made on social media. Purdue said in a news release Tuesday that Daniels determined that repeated statements posted by Maxwell Lawrence “appear plainly intended to incite others and therefore create a risk of public safety issues in the current environment.”

AG Hill, Republican attorneys general back police amid congressional debate

June 25, 2020 | Associated Press

Indiana Attorney General Curtis Hill joined 11 Republican state attorneys general who weighed in this week on the congressional debate over policing amid the national push to stop racial bias in law enforcement.

Police overhaul dims, but House Democrats push ahead on vote

June 25, 2020 | Associated Press

With a policing overhaul stalled in the Senate, House Democrats are returning to Washington for a daylong debate and vote on their sweeping proposal to address the global outcry over the death of George Floyd  and other Black Americans.

Holcomb announces $25 million in relief for renters

June 24, 2020 | Associated Press

Indiana will use $25 million in federal relief funding to help Hoosiers struggling to pay rent due to the impact of coronavirus outbreak, Gov. Eric Holcomb announced Wednesday. The governor also extended through July a moratorium on evictions that had been schedule to expire at the end of June.

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In This Issue

  • Is mid-decade redistricting legal? Indiana Democrats prepare court challenge

  • Immigrant detainees denied bond hearings under new ruling

  • Protests, speech on college campuses under federal, state scrutiny

Most Read
  • Indianapolis attorney suspended for charging, collecting unreasonable fee 

  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • JLAP executive director Harrell retires, IN Supreme Court announces new director

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